A condition in the inter-municipal agreement that created the Pocono Mountain Regional Police Department says the department dissolves if only two municipalities remain.

But even if that clause kicks in, Police Commission Solicitor Harry Coleman believes the department can survive, just in a different form.

According to the charter, signed in 1997 when Coolbaugh Township became the fourth and final member of the four-municipality department: "In the event that a (p)articipant withdraws while there are only two (2) municipality (p)articipants, the withdrawal shall work (as) a dissolution of the (department)."

Coolbaugh Township and Mount Pocono have submitted letters of their intent to leave the department at the end of the year. That would leave only Tobyhanna and Tunkhannock townships in the department.

Coleman said he isn't sure that clause would hold up, and said even if the department does dissolve, it could simply reorganize with Tobyhanna and Tunkhannock townships.

"The agreement is outdated," he said. "I think there have been tremendous steps to resolve the issues. I'm hopeful."

John Kerrick, chairman of the department's eight-person commission, said the agreement needs to be reviewed and possibly amended.

Kerrick also has said he is not in favor of the time frame for how municipalities can leave the department.

According to the agreement, a municipality can inform the commission between Dec. 15 and Dec. 31 of any year that it will leave the department about 12 months later.

Both Coolbaugh Township and Mount Pocono Borough exercised that right in December, making them eligible to leave the department Jan. 1, 2014.

During that one year, the municipalities may rescind the letter. They don't have to make a final decision concerning their status in the department until December, or what could amount to days before the drop-dead deadline to give notice.

Kerrick said that one year of lead time and the abrupt final decision deadline also don't give the municipality giving notice enough time to prepare for its future police protection.

And it doesn't give the commission enough time to re-format the department without the other municipalities.